Custodial sentences arising from breach of Covid-19 Regulations

Summary

A request was made to the Department of Home Affairs for statistics on custodial sentences, arrests, and fixed penalty notices related to breaches of Covid-19 Emergency Powers Regulations. The authority responded that it does not hold the requested information, suggesting the General Registry and Isle of Man Constabulary as alternative sources.

Key Facts

• The Department of Home Affairs does not hold the requested data on custodial sentences or arrests for Covid-19 regulation breaches.
• The General Registry is identified as the body responsible for recording court appearances and sentencing.
• The Isle of Man Constabulary is identified as the body responsible for recording information regarding breaches of emergency powers.
• The request was received on 30 April 2020 and the initial response was issued on 1 May 2020.
• An internal review response was issued on 19 May 2020 confirming some information is held by the Constabulary.

Data Disclosed

• 30 April 2020
• 1 May 2020
• 19 May 2020
• 1277345
• Emergency Powers Regulations 2020

Original Request

Please can you confirm the following: 1. What is the total number of persons sentenced to immediate custodial sentences by the IOM Summary Courts for breach of any of the Emergency Powers Regulations 2020 (including the Prohibitions on Movement Regulations and the Events and Gatherings Regulations)? 2.What is the total number of persons currently remanded in custody awaiting sentence for breach of all such Regulations? 3. What is the total number of persons arrested by IOM Constabulary for alleged breach of all such Regulations? 4. What is the total number of Fixed Penalty Notices issued by the IOM Constabulary for breaches of all such Regulations? Thank you

Data Tables (1)

Full Response Text

Chief Executive's Office DHA Headquarters Tromode, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 694313 Fax: (01624) 621298 Web address: www.gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Our ref: 1277345 1 May 2020

Dear ###

We write further to your request which was received on 30 April 2020 and which states:

"Please can you confirm the following: 1. What is the total number of persons sentenced to immediate custodial sentences by the IOM Summary Courts for breach of any of the Emergency Powers Regulations 2020 (including the Prohibitions on Movement Regulations and the Events and Gatherings Regulations)? 2.What is the total number of persons currently remanded in custody awaiting sentence for breach of all such Regulations? 3. What is the total number of persons arrested by IOM Constabulary for alleged breach of all such Regulations? 4. What is the total number of Fixed Penalty Notices issued by the IOM Constabulary for breaches of all such Regulations? Thank you"

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find the information that you have requested.

However, you may wish to contact General Registry and Isle of Man Constabulary who may be able to help you. The General Registry are responsible for recording court appearances and sentencing and Isle of Man Constabulary responsible for recording information regarding breach of emergency powers.

Please quote the reference number 1277345 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely

Chief Executive's Office DHA Headquarters Tromode, Douglas, Isle of Man, IM2 5AP

Telephone: (01624) 694313 Fax: (01624) 621298 Web address: www.gov.im/dha Email: GeneralEnquiries.DHA@dha.gov.im

Our ref: 1277345 19 May 2020

Dear ###

We write further to your request which was received on 30 April 2020 and which states:

"Please can you confirm the following: 1. What is the total number of persons sentenced to immediate custodial sentences by the IOM Summary Courts for breach of any of the Emergency Powers Regulations 2020 (including the Prohibitions on Movement Regulations and the Events and Gatherings Regulations)? 2.What is the total number of persons currently remanded in custody awaiting sentence for breach of all such Regulations? 3. What is the total number of persons arrested by IOM Constabulary for alleged breach of all such Regulations? 4. What is the total number of Fixed Penalty Notices issued by the IOM Constabulary for breaches of all such Regulations? Thank you"

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of the information that you have requested. Some information held by IOM Constabulary.

I have enclosed a response to your request for an internal review.

Please quote the reference number 1277345 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper

version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely